posted on Feb, 8 2013 @ 03:27 PM
Originally posted by rickymouse
But you can use attitude to deny a possible tenant.
Absolutely, however if the line of questioning is one intended to single out a medical condition (or even to rule one out) you'd be in trouble with
the ADA and Fair Housing Act.
There is no reason to ask such a question as a person is not required to divulge any medical information and your asking it in an attempt to check for
attitude is a trap of sorts that in all likely hood if one pressed the issue result in a large settlement or pay out for Fair Housing or ADA
ETA: I am an investigator not an attorney but what I would recommend to mine is to argue that the question posed leaves no viable option for the
He either -
1) Declines to answer citing HIPPA and the fact that you as a landlord are not a healthcare provider or insurer and therefore have no legitimate need
for the information requested which results in you decide he has an attitude and thus his chances are blown.
2) Answers with medical information that reasonably might give cause for concern on your part and jeopardize his chances as well.
I don’t think it is legal to lay such a trap.
Most people are sheep though and will answer whatever is asked of them if the person has some seemingly authoritative position from which to ask it.
edit on 8/2/2013 by Golf66 because: (no reason given)